(a) Contents of Record. The record on appeal shall include a certified copy of the docket entries in the estate proceeding and all original papers filed in the action in the Orphans' Court except those that the parties stipulate may be omitted. A party may supplement the record by paying for and filing a transcript. The Register of Wills shall append a certificate clearly identifying the papers included in the record. The Orphans' Court may order that the original papers in the action be kept in the Orphans' Court pending the appeal, in which case the Register of Wills shall transmit a certified copy of the original papers.(b) Agreed Statement of the Case. If the parties agree that the questions presented by an appeal can be determined without a trial, they may sign and, upon approval by the Orphans' Court, file with the Register of Wills a statement of the case showing how the questions arose and were decided, and setting forth only those facts or allegations that are essential to a decision of the questions. The parties are strongly encouraged to agree to such a statement. The statement of the case, the judgment or order from which the appeal is taken, and any opinion of the Orphans' Court shall constitute the record on appeal. The circuit court, however, may direct the Register to transmit all or part of the balance of the record in the Orphans' Court as a supplement to the record on appeal.(c) Cost of Preparation. Unless the prepayment of prepaid costs has been waived in accordance with Rule 1-325.1, the appellant shall pay to the Register the cost of preparation of the record.(d) Filing Fee. The appellant shall deposit with the Register of Wills the fee prescribed by Code, Courts Article, § 7-202 unless the fee has been waived by an order of court or the prepayment of prepaid costs has been waived in accordance with Rule 1-325.1. The filing fee shall be in the form of cash or check or money order payable to the clerk of the circuit court.(e) Transmittal of Record. Unless a different time is fixed by order entered pursuant to this section, the Register of Wills shall transmit the record to the circuit court within 60 days after the date the first notice of appeal is filed. The filing fee shall be forwarded with the record to the clerk of the circuit court. For purposes of this Rule, the record is transmitted when it is delivered to the clerk of the circuit court or when it is sent by certified mail by the Register of Wills, addressed to the clerk of the circuit court. On motion or on its own initiative, the Orphans' Court or the circuit court for good cause show may shorten or extend the time for transmittal of the record.(f) Duties of Register of Wills.(1)Preparation and Service of Docket Entries. The Register of Wills shall prepare and attach to the beginning of the record a certified copy of the docket entries in the estate proceeding. The original papers shall be fastened together in one or more file jackets and numbered consecutively, except that the pages of a transcript of testimony need not be renumbered. The Register shall serve a copy of the docket entries on each party to the appeal.(2)Statement of Costs. The Register shall prepare and transmit with the record a statement of the costs of preparing and certifying the record, the costs taxed against each party prior to the transmission of the record, and the costs of all transcripts, if any, and of copies of the transcripts for each of the parties.(g) Correction or Supplementation of Record. On motion or on its own initiative, the circuit court may order that an error or omission in the record be corrected.(h) Return of Record to Orphans' Court Pending Appeal. Upon a determination that the record should be returned to the Orphans' Court because of a matter pending in that court, the circuit court may order that the record be returned, subject to the conditions stated in the order.Md. R. Jud. Rev. Cir. Ct. 7-505
Adopted Dec. 4, 2007, eff. 1/1/2008. Amended March 2, 2015, eff. 7/1/2015.HISTORICAL NOTES
2015 Orders
The March 2, 2015 order amended the Rule to conform it with Rule 1-325.1.